Court of Criminal Appeals of Texas

Scott Mathews Whaley, Appellant v. the State of Texas, Appellee

March 27, 19851985 Tex. Crim. App. LEXIS 1738

Summary

The Court held that probable cause existed for the warrantless arrest of the appellant based on a totality of the circumstances analysis, finding the informant reliable and the tip corroborated by police observation. Accordingly, the warrantless arrest and subsequent search were valid and the trial court's denial of the motion to suppress was affirmed. The Court reversed the Court of Appeals' decision and affirmed the trial court. Justice Clinton dissented, arguing that the Gates analysis should not control without Supreme Court guidance and that the case should be remanded to determine whether Texas law still requires the Aguilar two‑prong test.